Really confused

[Touché]

This is in regards to CA

I could not find a specific spot for this question so I am going to try here first. My question is, what are my options for establishing residency in CA? I do know the drivers license one but that one is going to be a hard because of having to prove the chain of last name changes due to multiple marriages and divorces and having to track down old marriage licenses. I have heard that opening a bank account can establish residency or even enrolling my child in school. So if anyone can tell me if one of these are correct I would appreciate it.

Thank you

 

[tranquility]

It depends upon what purpose you are trying to establish residency. Many use the term when they should be thinking about domicile. But, generally, it is the place you consider your home. The place where, if you are somewhere else, you intend to return.

Proving it depends on many facts and circumstances and there is not a single test.

Why do you want to establish residency? Are you sure you don't mean domicile? Do you live in CA?

 

[Touché]

I moved to CA at the beginning of June 2013 from TX and I need to file divorce, I had to get out of TX in a hurry so I was unable to file there. I know that I have to be a resident of CA for 6 months so I need to know how to establish it. I did start a checking account here about a week after I moved here but I have not registered my son for school here yet.

 

[tranquility]

You establish domicile by living at a place as your permanent residence. Proving it is a facts and circumstances test. Taking all the facts, where does the court think you live?

 

[Touché]

I have not tried to file yet so the courts do not have any knowledge of me. My drivers license is in TX but I have moved here and receive mail here, other then that no one knows anything.

 

[tranquility]

I know you're looking for a jump up and down three times, spit onto the ground and scream "I live here now!" answer, but there is no such thing. There are only facts and circumstances. Not having a license in the state after having been here more than 10 days is a problem. You will have to argue that you intended CA to be your home and, thus, admit you committed a crime. A checking account in a local bank is a good thing. Moving all your stuff to a permanent address is a good thing.

It is just a balancing test. The court looks at all the facts and circumstances and makes a decision.

 

[sandyclaus]

I moved to CA at the beginning of June 2013 from TX and I need to file divorce, I had to get out of TX in a hurry so I was unable to file there. I know that I have to be a resident of CA for 6 months so I need to know how to establish it. I did start a checking account here about a week after I moved here but I have not registered my son for school here yet.

You MUST meet California’s residency requirements. Either you or your spouse must have lived in California for the last 6 months, AND in the county where you plan to file the divorce for the last 3 months. If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

That would mean the soonest you could file would be November, 2013, assuming that you remain in the same county until at least the end of August.

If you are renting a home, you can show a valid lease for that period. If you have open utility accounts for a specific address, that can also provide proof of residency.

So, out of inane curiosity, why were you in such a rush to leave Texas anyway? Is the child to which you refer a product of this marriage? Does your spouse know that you have your son with you, and are they OK with it? If not, then you could potentially end up having the child dragged back and forth from California to Texas and a multi-state battle could ensue over custody.

 

[LdiJ]

Posting history is a must read.

 

[sandyclaus]

Posting history is a must read.

Indeed.

When we last visited this family, the cancer-ridden husband was wanting to adopt the 3 children. Now she had the need to urgently leave Texas with the last remaining child under her roof, and she appears to be seeking a divorce from this latest husband.

At first, I thought it must have something to do with the ex whom she claimed was a pedophile, but the kids were to be adopted by OP's new husband. But then a subsequent thread dealt with modification of child support requested by the ex from Iowa, so that says no adoption happened. It still doesn't explain her need to flee the great state of Texas, nor why she had to leave Texas to get divorced.

Whatever happened to the most recent love of her life who was afflicted with kidney cancer, and why is she running to California to divorce him?

More questions than answers, I'm afraid. We really need OP to come back and fill in the blanks.

 

[Touché]

LdiJ, yes I know my previous posting history is very colorful and I keep ending up in these inane situations. As for the other questions, I am currently trying to switch my DL from TX to CA but due to paperwork it will take time. The child in question just turned 18 and will be a senior in high school this year and is not a product of this marriage, my spouse has no legal claim on him and my son only joined me after I moved to CA. I had to leave TX due to a difficult living situation and found refuge in CA. I just need to know if my residency requirements start when I moved here, started a checking account, will start when I either enroll my child in school or finally manage to jump through all the hoops to get a CA drivers license?

 

[Touché]

ummmmmm ya never mind. Previous history has nothing to do with a question about residency. Have a nice evening.